Bill C-428

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-428

An Act to amend the Old Age Security Act (residency requirement)

Whereas the current ten-year residency requirement places undue hardship on recent immigrants who are seniors in that they are unable to adequately access old age security benefits;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The portion of the definition “specially qualified individual” in section 2 of the Old Age Security Act before paragraph (a) is replaced by the following:

“specially qualified individual” means a person who has not resided in Canada after attaining eighteen years of age for an aggregate period of three or more years other than such a person to whom a pension or allowance was payable

2. (1) Subparagraph 3(1)(b)(iii) of the Act is replaced by the following:

(iii) has resided in Canada for the three years immediately preceding the day on which that person's application is approved or, if that person has not so resided, has, after attaining eighteen years of age, been present in Canada prior to those three years for an aggregate period at least equal to three times the aggregate periods of absence from Canada during those three years, and has resided in Canada for at least one year immediately preceding the day on which that person's application is approved; and

(2) Paragraph 3(2)(b) of the Act is replaced by the following:

(b) has resided in Canada after attaining eighteen years of age and prior to the day on which that person's application is approved for an aggregate period of at least three years but less than forty years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which that person's application is approved.

3. Paragraph 19(1)(c) of the Act is replaced by the following:

(c) in the case of a spouse, common-law partner or former common-law partner, has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least three years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.

4. Paragraph 21(1)(b) of the Act is replaced by the following:

(b) has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least three years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.